Download or read book Construction Disputes Seeking Sensible written by CLARK and published by London School of Economics and Political Science. This book was released on 2021-11-25 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book reflects the author's fifty years' experience in international construction projects and the management and resolution of disputes. During those fifty years, Wayne Clark's aim has always been to guide parties towards sensible and clear communication, nurturing relationships and seeking early solutions to their differences. His primary goal is to help parties avoid unnecessary conflict - a theme that is clearly evident throughout this book. While two chapters are devoted to preparing construction claims to persuade a tribunal - and in so doing persuade the other side to reach an amicable settlement - the book covers a much wider scope: from the building owner's dream through to the contractor handing over the completed project, wise contract administration, settlement negotiations, the third-party resolution process and, finally, arbitration. During each of these stages, the theme is for the parties to continually seek ways to resolve their differences. The book also introduces the idea of the 'shadow arbitrator', who, if commissioned early in the dispute process, can guide parties and legal counsel to prepare claims and arbitral pleadings that will persuade a tribunal - and encourage the parties to find sensible solutions.
Download or read book The Law of Construction Disputes written by Cyril Chern and published by CRC Press. This book was released on 2016-04-04 with total page 685 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now in a fully updated second edition, The Law of Construction Disputes is a leading source of authoritative and detailed information on the whole area of construction law including contracts and their performance, third parties, pursuing claims and dispute resolution. It covers the construction dispute process by analysing the main areas from which disputes arise, up to date case law, and how to effectively deal with construction project disputes once they have arisen. This edition expands on advanced practitioner issues, as well as the emerging law of construction disputes on an international basis and gives the practitioner all the case law needed in one concise volume. The book examines the methods and methodology of construction law, not only for a common law context, but also under other legal systems. Readers will be guided through the various international contract formats governing construction, alongside applicable case law. Additionally, they will be shown the correct contract provisions and forms used to prevent disputes from escalating in order to reach successful conclusions without litigation. Including expert advice and many relevant reference materials, this book is an extremely helpful guide to legal practitioners and construction professionals.
Download or read book Conflict in Construction written by Jeffery Whitfield and published by John Wiley & Sons. This book was released on 2012-07-12 with total page 185 pages. Available in PDF, EPUB and Kindle. Book excerpt: Construction projects are beset with disputes. In 1960 around 250 writs were issued relating to construction disputes. Within 30 years this number increased five-fold, and in the 20 years since then the number of disputes has not fallen. Some disputes are significant, others are quite minor, but most could probably be avoided. Disputes originate in disagreements or conflict between individuals, which if addressed early, can prevent escalation into situations that are difficult, expensive and time consuming to resolve. Conflicts in Construction deals with all types of conflict but concentrates on the conflicts that lead to disputes in construction projects. The book shows the reader how to avoid, manage and resolve conflicts before they become serious disputes. The first edition of Conflicts in Construction was read widely and saved many individuals and companies from falling into intractable disputes. The second edition, fully updated, forms the base content for the Hill/ Knowles seminar series on conflicts, delivered around the globe by the author, and will be an important read for everyone employed in the construction industry.
Download or read book Construction Disputes written by Thomas J. Kelleher and published by Wolters Kluwer. This book was released on 2002-01-01 with total page 522 pages. Available in PDF, EPUB and Kindle. Book excerpt: All areas of construction litigation are covered in this two-volume set, starting with case analysis, pretrial activities, and special forum issues. The authors continue with an in-depth discussion of the difficult presentation issues for delay and acceleration claims, lost productivity claims, and establishing damages. The final section of the text covers trial and other issues, including direct and cross-examination, appeals, and settlement and releases. Practical examples of, and checklists for, the drafting of many of the key documents used in construction litigation are also included.
Download or read book Construction Disputes written by Robert F. Cushman and published by . This book was released on 2001 with total page 821 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Construction Dispute Review Board Manual written by Robert M. Matyas and published by McGraw-Hill Professional Publishing. This book was released on 1995 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: An essential reference for all construction professionals, this book shows you how to use Dispute Review Boards (DRBs) to solve construction disputes on the job, avoid claims, and thereby reduce project costs. Prepared by members of the ASCE Task Committee on Dispute Review Boards and featuring contributions from 34 experts in the field, this definitive manual provides all the procedures required to employ the DRB process, and fully explains the benefits and pitfalls of DRBs. You'll find detailed coverage of the concept, function, and applicability of DRBs; the practice of DRBs, including member selection, operation of the board, conduct of the hearing, deliberation, and recommendation; case histories of how the DRB process works; and international DRB applications. A guide specification for including a DRB in the construction contract is also included. Whether you're an owner, contractor, construction manager, attorney, or construction lender, this time- and money-saving sourcebook offers you the most complete guidance now available on the successful establishment and practice of a Dispute Review Board during construction.
Download or read book Construction Dispute Research written by Sai On Cheung and published by Springer. This book was released on 2014-07-08 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: There are three specific purposes of Construction Dispute Research. First, this volume aims to summarise studies on construction dispute. Second, apart from the theoretical constructs, where appropriate empirical tests are also included. This approach serves to go beyond the commonly used anecdotal approach for the subject matters. Third, it is the sincere hope of the authors that this book will help shaping research agenda of construction dispute. The studies are mostly framed from a management perspective drawing on methods and concepts in contract law, economics, psychology and management science. The book has twenty chapters that are arranged in four parts covering conceptualisation, avoidance, negotiation and mediation. Part 1 is devoted for dispute conceptualisation. A building is only as strong as its foundation. Thus it is no better start to study construction dispute by conceptualisation. The theme of Part 2 is dispute avoidance. The conventional wisdom of ‘prevention is better than cure’ seems can be applied to all problems. As far as construction dispute is concerned, equitable risk allocation and trust are the two most commonly accepted avoidance strategies. Part 3 focuses on negotiation that is the gateway to resolution as almost all disputes are negotiated first before the service of other mechanisms. Negotiation is sometimes described as an art because settlement may not be obtained solely from legal and rational approaches. Part 3 discusses the behavioral dimensions of construction dispute negotiation. Part 4 deals with Mediation- a form of assisted negotiation. Specially, the skill of the mediators in facilitating settlement, the interrelationships among dispute sources, mediator tactics and mediation outcomes are explored. The studies presented in Construction Dispute Research collectively demonstrate holistic approach in dispute management. Each chapter can be read as a study on its own. Practitioners will find the book a handy reference in dispute management and resolution. Students would find the book useful in explaining in details the causes of dispute, the processes to resolve them. The research design and empirical approaches are particularly useful to students in construction management, architectural, surveying and civil engineering programs.
Download or read book Resolving Construction Disputes written by Diana Holtham and published by Chartridge Books Oxford. This book was released on 1999 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: Summary: This book examines how disputes arise in the construction industry and suggests ways of avoiding them by identifying problem areas. It introduces the principal means of dispute resolution, litigation, arbitration, ADR and adjudication - it explains how each operates and considers the advantages and disadvantages of each method. The book is written in a straightforward approach and is clear, concise and practical. It has been prepared by a team of lawyers who work for one of the leading law firms engaged in this area. The book is aimed at all of the professions engaged in the construction industry. Contents: Introduction Dispute avoidance Litigation Arbitration Alternative dispute resolution Adjudication
Download or read book Construction Conflict Management and Resolution written by P. Fenn and published by Routledge. This book was released on 2003-09-02 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together over 40 papers presented at the 1992 International Construction Conflict Management & Resolution Conference held in Manchester, UK. Six themes are covered, including alternative dispute resolution, conflict management, claims procedures, litigation and arbitration, international construction, and education and the future. With papers from arbitrators, architects, barristers, civil engineers, chartered surveyors and solicitors, this book represents the first multi-disciplinary body of knowledge on Construction Conflict and will act as a unique source of reference for both legal and construction professionals.
Download or read book Construction Dispute Resolution Handbook written by Robert Gaitskell and published by Thomas Telford Publishing. This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Construction Dispute Resolution Handbook explains procedures that will avoid disputes arising and provides step-by-step advice to reaching a satisfactory resolution of any disputes that do occur. There are seven forms of construction dispute resolution in regular use - arbitration, adjudication, litigation, mediation, dispute boards, expert determination and early neutral evaluation - the differences between these are explained with practical help and guidance on making effective use of the whole range of procedures available when a dispute arises. This handbook provides lawyers, engineers and other construction professionals with guidance on formulating a strategy to minimise the time and costs expended on getting a decision or settlement, with the ultimate aim of resolving a dispute satisfactorily and benefitting clients. Model arbitration notices, adjudication referral notices, mediation papers, pleadings and other useful documents and checklists, as well as addresses for key bodies, and information on how to get internet access to legal cases are included. Written for both the practitioner and the student, in an easy-to-read style that gives straightforward accounts of how to deal with construction disputes at all stages
Download or read book Causation and Delay in Construction Disputes written by Nicholas J. Carnell and published by John Wiley & Sons. This book was released on 2005-07-15 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Construction claims frequently involve a dispute about delay. Whether or not the contractor or client has a claim which can be proved successfully depends on establishing causation and understanding legal rights and obligations. This book shows how to identify and avoid problems during the project, and analyses claims for delay. The new edition takes account of case law since 1999 and has new sections on adjudication, risk allocation and the Delay and Disruption Protocol.
Download or read book Mediation of Construction Disputes written by David Richbell and published by John Wiley & Sons. This book was released on 2009-01-21 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is written for users of mediation, whether they be a party, an advisor or an expert. It should also be of help to commercial mediators who have no specialism in construction. Its aim is to encourage confidence in the mediation process and to ensure that those who do use mediation to resolve their disputes do so effectively and so are able to maximise the opportunities that mediation offers.
Download or read book Construction Litigation written by Robert F. Cushman and published by Wolters Kluwer. This book was released on 1995-12-31 with total page 570 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by a team of authors who are not only experienced in resolving construction disputes, but also are known and respected for their expertise in specific areas commonly encountered in construction litigation, Construction Litigation: Representing the Owner is an ideal reference and resource. Intended primarily to assist attorneys, this book also provides a useful desk reference to anyone whose activities touch a long-term contract matters and provides a solid frame-work for understanding how actions may affect this important part of operations.
Download or read book Construction Disputes written by Thomas J. Kelleher Jr. and published by Wolters Kluwer Law & Business. This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Construction Disputes: Practice Guide with Forms, Third Edition, provides substantive and procedural insights into the difficult challenges in presenting and defending complex construction claims. It provides practical examples of, and checklists for, the drafting of many of the key documents used in construction litigation. Beginning with coverage of risk analysis, bidding disputes, and insurance bond claims, it moves to in-depth discussions of discovery issues, alternative dispute resolution and construction arbitration, and court trials. Finally, extensive coverage is provided for the many issues involved in presenting the case, the decision to appeal, and settlement and release. Target audience: Practitioners in the field of real estate development"--
Download or read book Best Practice in Construction Disputes written by Paula Gerber and published by . This book was released on 2013 with total page 493 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analyses how conflicts on construction projects all too often escalate into costly and drawn-out disputes. It identifies strategies that parties can employ to ensure that conflicts are used to generate positive solutions to problems rather than escalating those problems into disputes. Gerber and Ong, Monash University.
Download or read book Construction Disputes written by Robert F. Cushman and published by Wolters Kluwer. This book was released on 2001-01-01 with total page 872 pages. Available in PDF, EPUB and Kindle. Book excerpt: In compiling the third and entirely revised edition of Construction Disputes: Representing the Contractor, the editors have sought out as specialists in their field: contributing authors who are not only experienced in resolving construction disputes but also known and respected for their expertise in specific critical areas commonly encountered in construction litigation. Although intended primarily to assist attorneys, this book also provides a useful desk reference for anyone whose activities touch on long-term contract matters and gives individual contractors a better understanding of how their actions may affect this increasingly important part of operations.
Download or read book Dispute Resolution and Conflict Management in Construction written by Edward Davies and published by Routledge. This book was released on 2005-10-05 with total page 571 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many construction conflicts and disputes are not limited to particular jurisdictions or cultures, but are increasingly becoming common across the industry worldwide. This book is an invaluable guide to international construction law, written by a team of experts and focusing on the following national systems: Australia, Canada, China, England and Wales, Estonia, Hong Kong, Iraq, Ireland, Italy, Japan, Malaysia, the Netherlands, Oman, Portugal, Quebec, Romania, Scotland, Sweden, Switzerland, and the USA. The book provides a consistent and rigorous analysis of each national system as well as the necessary tools for managing conflict and resolving disputes on construction projects.
